Under Darrow, Jarmer’s unsuccessful effort to drive her car out of a muddy ditch fails to satisfy K.S.A. 8-1002(a)(2)(A)’s requirement that she was “operating a vehicle while under the influence of alcohol or drugs, or both.” Because the evidence presented establishes only that she attempted to operate her vehicle, the KDR could not suspend her driver’s license under K.S.A. 8-1002(a)(2)(A) following her failed breath test. We thus reverse the suspension of Jarmer’s driver’s license and remand the matter to the KDR for further proceedings.
Read the opinion: Jarmer vs. KDOR
